The Department of Corrections was not at fault for suspending corrections officer Eric Santos for 20 days after he was accused of harassment while he was off duty in 2012.
The Supreme Court of Guam issued a ruling on Monday upholding the decision by the Superior Court of Guam and the Civil Service Commission.
Santos argued that DOC management failed to prove before the CSC that his off-duty conduct was employment-related and that the CSC erred in relying on certain documents and testimony.
According to the ruling issued by justices of the high court, the Supreme Court found that the Guam Legislature had provided policy to regulate peace officer conduct both on and off duty. The court also concludes that the regulations Santos violated were sufficiently related to his employment and the high moral and ethical standards expected of him as a peace officer.
Santos, who remains employed with DOC, filed the appeal following his suspension.
According to court documents, Santos was accused of confronting another man using foul and abusive language that could have led to a fight.
He was arrested several days later for a separate harassment complaint, which the victim later withdrew, documents state.
DOC's internal affairs investigated and found that Santos had been "discourteous to the public and had engaged in miscellaneous misconduct detrimental to the service," documents state.
He was suspended for 30 days; however, the CSC reduced the suspension from 30 to 20 days.
Santos won a separate termination appeal before the CSC and was rehired at DOC after being accused in 2013 of getting into a verbal argument with a co-worker. He claimed he was wrongfully terminated and the commission overturned it. Santos was rehired in January 2018.